Senate Bill S1043

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1043
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by  Sens.  YOUNG, RITCHIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the insurance law, in relation
   to rates of reimbursement for telehealth services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2999-dd  of  the public health law is amended by
 adding a new subdivision 3 to read as follows:
   3. AN INSURER  SHALL  REIMBURSE  A  TELEHEALTH  PROVIDER  FOR  COVERED
 SERVICES DELIVERED VIA TELEHEALTH ON THE SAME BASIS AND AT THE SAME RATE
 AS ESTABLISHED FOR THE SAME SERVICE WHEN NOT DELIVERED VIA TELEHEALTH.
   §  2.  Subsection (a) of section 3217-h of the insurance law, as added
 by chapter 6 of the laws of 2015, is amended to read as follows:
   (a) An insurer shall not exclude  from  coverage  a  service  that  is
 otherwise  covered  under  a policy that provides comprehensive coverage
 for hospital, medical or surgical care because the service is  delivered
 via  telehealth,  as  that  term  is  defined  in subsection (b) of this
 section; provided, however, that an insurer may exclude from coverage  a
 service  by  a  health care provider where the provider is not otherwise
 covered under the policy. An  insurer  SHALL  REIMBURSE  THE  TELEHEALTH
 PROVIDER FOR COVERED SERVICES DELIVERED VIA TELEHEALTH ON THE SAME BASIS
 AND AT THE SAME RATE AS ESTABLISHED FOR THE SAME SERVICE WHEN NOT DELIV-
 ERED VIA TELEHEALTH; AND may subject the coverage of a service delivered
 via  telehealth to co-payments, coinsurance or deductibles provided that
 they are at least as favorable to the insured as those  established  for
 the  same  service  when  not  delivered  via telehealth. An insurer may
 subject the coverage of a service delivered via telehealth to reasonable
 utilization management  and  quality  assurance  requirements  that  are
 consistent  with  those established for the same service when not deliv-
 ered via telehealth.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03942-01-9
              

 S. 1043                             2
 
   § 3. Subsection (a) of section 4306-g of the insurance law,  as  added
 by chapter 6 of the laws of 2015, is amended to read as follows:
   (a)  A  corporation  shall not exclude from coverage a service that is
 otherwise covered under a contract that provides comprehensive  coverage
 for  hospital, medical or surgical care because the service is delivered
 via telehealth, as that term  is  defined  in  subsection  (b)  of  this
 section; provided, however, that a corporation may exclude from coverage
 a  service by a health care provider where the provider is not otherwise
 covered under the contract.   A corporation SHALL  REIMBURSE  THE  TELE-
 HEALTH  PROVIDER  FOR  COVERED  SERVICES DELIVERED VIA TELEHEALTH ON THE
 SAME BASIS AND AT THE SAME RATE AS ESTABLISHED FOR THE SAME SERVICE WHEN
 NOT DELIVERED VIA TELEHEALTH; AND may subject the coverage of a  service
 delivered  via  telehealth  to  co-payments,  coinsurance or deductibles
 provided that they are at least as favorable to  the  insured  as  those
 established  for  the  same service when not delivered via telehealth. A
 corporation may subject the coverage of a service  delivered  via  tele-
 health  to  reasonable  utilization  management  and  quality  assurance
 requirements that are consistent with those  established  for  the  same
 service when not delivered via telehealth.
   §  4.  Subdivision  1  of  section 4406-g of the public health law, as
 added by chapter 6 of the laws of 2015, is amended to read as follows:
   1. A health maintenance organization shall not exclude from coverage a
 service that is otherwise covered under an enrollee contract of a health
 maintenance organization because the  service  is  delivered  via  tele-
 health,  as  that  term  is  defined in subdivision two of this section;
 provided, however, that a health maintenance  organization  may  exclude
 from  coverage a service by a health care provider where the provider is
 not otherwise covered under the enrollee contract.  A health maintenance
 organization  SHALL  REIMBURSE  THE  TELEHEALTH  PROVIDER  FOR   COVERED
 SERVICES DELIVERED VIA TELEHEALTH ON THE SAME BASIS AND AT THE SAME RATE
 AS  ESTABLISHED  FOR THE SAME SERVICE WHEN NOT DELIVERED VIA TELEHEALTH;
 AND may subject the coverage of a service delivered  via  telehealth  to
 co-payments,  coinsurance or deductibles provided that they are at least
 as favorable to the enrollee as those established for the  same  service
 when not delivered via telehealth. A health maintenance organization may
 subject the coverage of a service delivered via telehealth to reasonable
 utilization  management  and  quality  assurance  requirements  that are
 consistent with those established for the same service when  not  deliv-
 ered via telehealth.
   §  5.  This  act  shall take effect immediately and shall apply to all
 policies and contracts issued, renewed, modified, altered or amended  on
 or after January 1, 2019.